Generate front-end niches
By creating an account or accessing or using the DesinPopo Service as an affiliate or designers, you;
WHEREAS DesignPopo provides a service which enables its customers to buy licenses to pre-made design templates (subject to the applicable License), and Affiliate operates the websites set forth in its online application to participate in the DesignPopo Affiliate program. The Parties agree that these Affiliate Terms set forth the terms and conditions under which Affiliate will promote DesignPopo’s products and services on Affiliate’s Site(s). The products and services are those hosted in designpopo.com (and new and/or successor sites as may be added by DesignPopo). DesignPopo may terminate its affiliate program at any time.
The Parties should agree to the following:
Definitions. The following terms will have the indicated definitions:
Affiliate Terms, together with the Site Terms of Service, Shop Terms (if applicable), and all License Terms. In the event of a conflict, the conflicting provision of these Terms of Service for Affiliates shall apply solely with respect to the subject matter of these Terms of Service for Affiliates and then only to the extent of the conflict.
"Content": are all materials comprising a Party’s Site, including, but not limited to, any images, photographs, illustrations, graphics, audio clips, video clips or text, and Marks.
"DesignPopo’s Site": is the DesignPopo website located at designpopo.com; DesignPopo may add successor and/or new sites to the DesignPopo affiliate program by updating these Affiliate Terms.
"Intellectual Property Rights":
these include all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence. It also all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
all trademarks, service marks, trade names, logos, words or symbols identifying either Party or either Party’s respective products or services. Party or Parties means DesignPopo and/or Affiliate. DesignPopo’s Marks include "DesignPopo."
they are the people who purchase any products or services from DesignPopo who are referred to DesignPopo’s Sites by Affiliate via Links from the Affiliate’s Site(s).
this means one or more websites or web services owned or controlled by the Affiliate, or upon which Affiliate has an account or membership, on which the Affiliate places a referral link (the "Links'') to DesignPopo’s Sites. Affiliate represents and warrants to DesignPopo that it has sufficient right, title, interest, authority or permission, as applicable, to place Link(s), including an authorized referral code from DesignPopo, on the Affiliate’s Site(s) as described herein.
Trademark License Grant.
Grant to Affiliate.
This is subject to the terms and conditions of these Affiliate Terms, DesignPopo grants to Affiliate a non-transferable, non-exclusive, revocable, license to use DesignPopo’s Marks solely for the purpose of fulfilling Affiliate’s obligations hereunder and subject to compliance with all trademark usage guidelines that DesignPopo may make available from time to time. All use of the DesignPopo’s Marks inures to the benefit and goodwill of DesignPopo. See Brand Guidelines.
No Other Rights.
Affiliate and DesignPopo agree to:
- Not use the other Party’s Marks without their prior written consent.
- Only use the other Party’s Marks in accordance with any trademark quality standards and usage guidelines as may be provided by such other Party.
- Upon termination of Affiliate’s participation in DesignPopo’s Affiliate program for any reason, immediately cease all use of the other Party’s Marks.
- With respect to any marketing or promotional activity involving "pay per click" ("PPC") or search engine marketing ("SEM"), Affiliate shall:
- Not use DesignPopo’s Marks in any way or manner whatsoever, including but not limited to the words "DesignPopo" and/or the "designpopo.com" (including typos, spaces, signs, symbols or in any other way). Such forbidden use of the DesignPopo Marks includes the use of such words/trademarks in the Affiliate’s advertisements or in any part therewith, in the displayed URL and/or in the destination URL;
- Not bid on DesignPopo’s Marks, including but not limited to the words "DesignPopo" and/or "designpopo.com" (including with typos, spaces, signs, symbols or in any other way);
- Not use DesignPopo’s top level domains as landing pages and/or use DesignPopo’s landing URLs and/or use DesignPopo’s displayed URLs;
Products and Services.
DesignPopo reserves the right at any time without liability or prior notice to:
Determine the contents of its websites, products and services, including specifications, features, and functions, as well as any documentation or related materials.
Discontinue distribution of any or all its products and services in some or all markets or through some or all channels of distribution.
Change or terminate any of its features, or functions of their products and services (including its affiliate program).
Change or terminate the level or type of support or service that it makes available for its products and services at any time and without notice. DesignPopo may cancel any orders for discontinued products or services without liability.
Neither Party is responsible to the other Party for any customer service support for purchases and fulfillment of the other Party’s products and services including but not limited to, providing qualified personnel to receive customer inquiries.
DesignPopo will pay Affiliate a referral fee, provided that you remain an active Affiliate in compliance with these Terms of Service for Affiliates (together with the Site Terms of Service, Affiliate Terms, Shop Terms, and all License Terms) as of the payment date, equal to:
25% of the price actually paid by a Qualified Customer, excluding any refunds and/or taxes, for a single first-time sale that is not an Excluded Sale (as defined below) of any DesignPopo products to Qualified Customers that occur within 7 days from the day they clicked the Affiliate’s referral Link.
Excluded Sale means a sale to a Qualified Customer or Qualified Subscriber that has:
Followed links to the DesignPopo Sites from other DesignPopo affiliates after following Affiliate’s Link and before registering as a user on any of the DesignPopo Sites.
Used a different browser or computer to register as a DesignPopo user than was used to follow Affiliate’s Link.
Cleared his or her cookies after following a Link from Affiliate’s website.
Both Affiliate and DesignPopo are responsible for payment of any/all of their respective taxes.
Unless otherwise agreed by the parties in writing, DesignPopo shall send requested payouts according to published timeframes, and in the method, you select during the payout setup process. Available payout methods are subject to change. All dollar references herein are to United States Dollars. Payout requests may only be made if the total amount due to you totals at least $50 and when payment has been requested. Unpaid amounts due shall accrue until the next month in which the amount due is at least $50. DesignPopo reserves the right to withhold payment or charge back to your account any amounts otherwise due to us under these Terms, or amounts due to any breach of these Terms by you, pending DesignPopo's investigation of such breach in its sole discretion. To ensure proper payment, you are solely responsible for providing and maintaining accurate contact and payment information associated with your account, which includes without limitation applicable tax information. If we believe that we are obligated to obtain tax information, and you do not provide this information to us after we have requested it, we may withhold your payments until you provide this information or otherwise satisfy us that you are not a person or entity from whom we are required to obtain tax information. Any third-party fees related to returned or canceled payments due to a contact or payment information error or omission may be deducted from the newly issued payment. You agree to pay all applicable taxes or charges imposed by any government entity in connection with your participation in the Service. If you dispute any payment, you must notify DesignPopo in writing within thirty (30) days of such payment. Failure to notify DesignPopo shall result in the waiver by you of any claim relating to such disputed payment. Payment shall be calculated solely based on records maintained by DesignPopo. No other measurements or statistics of any kind shall be accepted by DesignPopo or have any effect under these Terms. We may withhold any taxes or other amounts from payments due to you as required by law. To protect against the risk of liability, we may request that our payment service provider hold Affiliate funds based on certain factors, including, but not limited to, selling history, seller performance, the riskiness of the listing category, or the filing of a dispute claim. No payment will be owed in the event that DesignPopo determines, in its sole discretion, that Affiliate has engaged, directly or indirectly in fraud or any other practices that are likely to harm the reputation of DesignPopo.
Each Party retains all right, title and interest, including all Intellectual Property Rights, in and to (a) its Marks, Content and Site, and (b) any new inventions, developments or technology resulting from or in connection with the performance of such Party’s obligations hereunder. Except as expressly set forth in Section 2, each Party reserves all rights and grants the other Party no licenses of any kind hereunder.
Term and Termination.
The term of these Affiliate Terms shall commence on the date you apply to participate in the Affiliate program (assuming DesignPopo approves your participation) and end one (1) year from the Effective Date (the "Term") and the Term will automatically renew for consecutive one (1) year periods; provided that either Party may terminate these Affiliate Terms at any time with ten (10) days prior written notice.
Termination for Cause.
If either Party defaults in the performance of any material provision of these Affiliate Terms, then the non-defaulting Party may terminate these Affiliate Terms immediately.
Termination for Insolvency and Related Events.
these Affiliate Terms shall terminate, without notice, (i) upon the institution by or against either Party of insolvency, receivership or bankruptcy proceedings or any other proceedings for the settlement of such Party’s debts, (ii) upon either Party’s making an assignment for the benefit of creditors, or (iii) upon either Party’s dissolution or ceasing to do business.
Effect of Termination.
Upon termination of Affiliate’s participation in DesignPopo’s Affiliate program, for any reason, Affiliate will discontinue all further promotion of DesignPopo’s products and services pursuant to these Affiliate Terms. Without limiting the generality of the foregoing, Affiliate will immediately cease all display, advertising, and use of all of DesignPopo’s Marks and will not thereafter use, advertise, or display any such Marks unless otherwise agreed by DesignPopo in writing.
Survival of Certain Terms.
The provisions of Section 1 and Sections 5-11 of these Affiliate Terms shall survive the expiration or termination of Affiliate’s participation in our Affiliate program for any reason. All other rights and obligations of the Parties shall cease upon termination of this Affiliate Agreement.
Affiliate represents, covenants, and warrants:
It has the power to enter into and perform its obligations under this Agreement;
The Affiliate Site(s) complies with all applicable laws and regulations and Affiliate shall not do anything or omit to do anything which would or may constitute a breach of any laws or regulations applicable to Affiliate in any jurisdiction (including all applicable rules and regulations relating to financial and/or markets or exchanges, investment services, marketing and advertising, privacy and data collection, and/or anti-bribery and anti-corruption);
Affiliate shall not collect, scrape, or otherwise process any Personal Data from the DesignPopo’s Sites or the Links. "Personal Data" means any information that (a) can be used to identify, contact, or locate a specific individual (including, without limitation, name, address, telephone number, email address, payment card number, and government-issued identification number) or (b) can be used in conjunction with other personal or identifying information to identify or locate a specific individual, including, for example, a persistent identifier, such as a customer number held in a "cookie" or processor serial number; and
Affiliate shall not engage in, procure, or encourage any third party to engage in, any activity or behavior which is illegal, is in bad faith, is not in the spirit of the terms of this Agreement.
DesignPopo’S PRODUCTS AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." DesignPopo DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO ITS PRODUCTS OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THOSE ARISING FROM COURSE OF PERFORMANCE, DEALING, USAGE OR TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NEITHER PARTY WARRANTS THAT ITS PRODUCTS OR SERVICES WILL BE FREE OF DEFECTS, INACCURACIES, OR ERRORS, WILL MEET THE OTHER PARTY’S OR ANY CUSTOMERS’ REQUIREMENTS OR WILL COMPLY WITH APPLICABLE LAWS.
Affiliate shall indemnify DesignPopo and its officers, directors, employees, representatives, agents, successors, and permitted assigns, against all liabilities, costs, expenses, damages and losses, penalties and reasonable legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by the other party arising out of or in connection with any breach of the representations or warranties contained in the Agreement.
Limitation of Liability.
EXCEPT WITH RESPECT TO BREACH OF SECTION 7 OR INDEMNIFICATION OBLIGATIONS PURSUANT TO SECTION 9, OR THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF AFFILIATE, IN NO EVENT WILL EITHER PARTY BE LIABLE UNDER ANY THEORY OF LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, ANY SUCH DAMAGES ARISING FROM BREACH OF CONTRACT OR WARRANTY, OR FROM NEGLIGENCE OR STRICT LIABILITY), INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, REVENUE OR FROM ANY DEFECT OR ERROR IN ITS PRODUCTS OR SERVICES, EVEN IF A PARTY HAS BEEN ADVISED OR SHOULD KNOW OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE AGGREGATE LIABILITY OF DESIGNPOPO ARISING FROM, RELATING TO, OR IN CONNECTION WITH THESE AFFILIATE TERMS EXCEED THE AMOUNTS PAID TO AFFILIATE UNDER THESE AFFILIATE TERMS DURING THE PRECEDING 12 MONTH PERIOD.
Neither Party shall be deemed to be an agent of the other Party for any purpose, and the relationship between the Parties shall only be that of independent contractors. Neither Party shall have any right or authority to assume or create any obligations or to make any representations or warranties on behalf of any other Party, whether express or implied, or to bind the other Party in any respect whatsoever.
Governing Law and Jurisdiction.
These Affiliate Terms are subject to the governing law, jurisdiction, class action waiver, and other dispute provisions set forth in the Site Terms of Service.
Affiliate shall not assign, delegate, or otherwise transfer its rights or obligations under these Affiliate Terms, by operation of law or otherwise, without the prior written consent of DesignPopo. These Affiliate Terms will insure to the benefit of the Parties and their permitted successors and assigns.
Changes to Affiliate Terms.
We may revise and update these Affiliate Terms from time to time even without notice to you. All changes are effective immediately when we post them, and apply to all access to and use of the Service thereafter. However, any changes to the dispute resolution provisions will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Service. Your continued use of the Service following the posting of revised Affiliate Terms means that you accept and agree to the changes. You are expected to check this page regularly so you are aware of any changes, as they are binding on you.
If any of the provisions of these Affiliate Terms is held by a court of competent jurisdiction to be invalid or unenforceable under any applicable statute or rule of law, it shall be replaced with the valid provision that most closely reflects the intent of the Parties and the remaining provisions shall continue in full force and effect.
This terms and conditions was updated last July 22, 2021